OTHER OTHER COUNCIL OF COUNCIL OF

EUROPE EUROPE CONVENTIONCONVENTION

SS

INTRODUCTIOINTRODUCTIONN

THE COUNCIL OF THE COUNCIL OF EUROPEEUROPE

CONVENTIONS ANALYSED (1)CONVENTIONS ANALYSED (1)  

A) Investigation stageA) Investigation stage a) On property, the material aspect of the offence:a) On property, the material aspect of the offence:

1.- 1.- Convention on Laundering, Search, Seizure and Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of Confiscation of the Proceeds from Crime of 1990.1990.2.- 2.- Council of Europe Convention on Laundering, Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of from Crime and on the Financing of Terrorism of 2005.2005.

b) On the obtention of evidence in electronic format:b) On the obtention of evidence in electronic format:

3.- Convention on Cybercrime of 2001.3.- Convention on Cybercrime of 2001. c) On the assignment of jurisdiction:c) On the assignment of jurisdiction:

4.- 4.- European Convention on the Transfer of European Convention on the Transfer of Proceedings in Criminal Matters of Proceedings in Criminal Matters of 1972.1972.

CONVENTIONS ANALYSED (2)CONVENTIONS ANALYSED (2)  

B) Enforcement stage:B) Enforcement stage:5.- 5.- European Convention on the International European Convention on the International Validity of Criminal Judgments of Validity of Criminal Judgments of 1972.1972.6.- 6.- Convention on the Transfer of Sentenced Convention on the Transfer of Sentenced Persons of Persons of 1983 and Additional Protocol of 1997. 1983 and Additional Protocol of 1997. 7.- 7.- European Convention on the Supervision of European Convention on the Supervision of Conditionally Sentenced or Conditionally Conditionally Sentenced or Conditionally Released Offenders of Released Offenders of 1964.1964.C) Instrumental in relation to the above:C) Instrumental in relation to the above:8.- 8.- Additional Protocol to the European Additional Protocol to the European Convention on Information on Foreign LawConvention on Information on Foreign Law..

CONVENTION CETS LINKConvention on Laundering,

Search, Seizure and Confiscation of the Proceeds from Crime of 1990

141http://conventions.coe.int/Treaty/Commun/

QueVoulezVous.asp?NT=141&CM=8&DF=4/29/2008&CL=ENG

Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 2005

198http://conventions.coe.int/Treaty/Commun/

QueVoulezVous.asp?NT=198&CM=8&DF=4/29/2008&CL=ENG

Convention on Cybercrime of 2001 185

http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=185&CM=8&DF=4/29/2008&CL=ENG

European Convention on the Transfer of Proceedings in Criminal Matters of 1972

73http://conventions.coe.int/Treaty/Commun/

QueVoulezVous.asp?NT=073&CM=8&DF=4/29/2008&CL=ENG

European Convention on the International Validity of Criminal Judgments of 1970

70http://conventions.coe.int/Treaty/Commun/

QueVoulezVous.asp?NT=070&CM=8&DF=4/29/2008&CL=ENG

Convention on the Transfer of Sentenced Persons of 1983

112http://conventions.coe.int/Treaty/Commun/

QueVoulezVous.asp?NT=112&CM=8&DF=4/29/2008&CL=ENG

Additional Protocol to the Convention on the Transfer of Sentenced Persons of 1997

167http://conventions.coe.int/Treaty/Commun/

QueVoulezVous.asp?NT=167&CM=8&DF=4/29/2008&CL=ENG

Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders 1964

51http://conventions.coe.int/Treaty/Commun/

QueVoulezVous.asp?NT=051&CM=8&DF=4/29/2008&CL=ENG

Additional Protocol to the European Convention on Information on Foreign Law 1978

97http://conventions.coe.int/Treaty/Commun/

QueVoulezVous.asp?NT=097&CM=8&DF=4/29/2008&CL=ENG

CONVENTION ON CONVENTION ON LAUNDERING, SEARCH, SEIZURE LAUNDERING, SEARCH, SEIZURE AND CONFISCATION OF THE PROCEEDS FROM AND CONFISCATION OF THE PROCEEDS FROM

CRIME CRIME OF 1990OF 1990

-Insufficient regulation in earlier Insufficient regulation in earlier conventions on the profit aspect of crimeconventions on the profit aspect of crime-Background and gestationBackground and gestation-Substantive aimsSubstantive aims-Innovations in international cooperationInnovations in international cooperation-Still insufficient; subsequently developed:Still insufficient; subsequently developed:

- A) in the Schengen sphere (Article 51 CASA)A) in the Schengen sphere (Article 51 CASA)- B) by different EU instrumentsB) by different EU instruments

CONVENTION ON CONVENTION ON LAUNDERING, SEARCH, LAUNDERING, SEARCH, SEIZURE AND CONFISCATION OF THE PROCEEDS SEIZURE AND CONFISCATION OF THE PROCEEDS

FROM CRIME AND ON THE FINANCING OF FROM CRIME AND ON THE FINANCING OF TERRORISM TERRORISM OF 2005OF 2005

-Updates the 1990 Updates the 1990 ConventionConvention-Measures at a Measures at a national levelnational level-Cooperation Cooperation measuresmeasures-Cooperation Cooperation procedureprocedure

CONVENTION ON CYBERCRIME of 2001CONVENTION ON CYBERCRIME of 2001-Standard instrument if there is a -Standard instrument if there is a computer-related aspectcomputer-related aspect-Specific measures:-Specific measures:

Search and seizure of computer data (Article 19)Search and seizure of computer data (Article 19) Expedited preservation of stored computer data Expedited preservation of stored computer data

(Article 16)(Article 16) For its subsequent disclosure (Article 17)For its subsequent disclosure (Article 17) Production orders (Article 18),Production orders (Article 18), Interception of data regarding traffic (Article 20) or Interception of data regarding traffic (Article 20) or

content (Article 21), always in real time (Article 20)content (Article 21), always in real time (Article 20) Creation of a 24/7 networkCreation of a 24/7 network

EUROPEAN CONVENTION ON THE EUROPEAN CONVENTION ON THE TRANSFER OF PROCEEDINGS IN CRIMINAL TRANSFER OF PROCEEDINGS IN CRIMINAL

MATTERS OF 1972MATTERS OF 1972

-Implies complete assignment of -Implies complete assignment of jurisdictionjurisdiction

-Exact requirements for transfer-Exact requirements for transfer

-Extension or attribution of original -Extension or attribution of original competencecompetence

-Effects of the request-Effects of the request

-Legal value of action taken in the other -Legal value of action taken in the other statestate

-Problems raised by lapse of time -Problems raised by lapse of time

-Plurality of criminal proceedings-Plurality of criminal proceedings

INTERNATIONAL VALIDITY OF INTERNATIONAL VALIDITY OF CRIMINAL JUDGMENTS OF 1970CRIMINAL JUDGMENTS OF 1970

-ENFORCEMENT OF FOREIGN JUDGMENTSENFORCEMENT OF FOREIGN JUDGMENTS- -Conditions for application-Conditions for application- - Reasons for refusal- Reasons for refusal- - Effects of the transfer of enforcement- Effects of the transfer of enforcement- - Formalities of the request- Formalities of the request- - Methods of enforcement and special - Methods of enforcement and special

features depending on the sentencefeatures depending on the sentence- - Problems with judgments - Problems with judgments in absentiain absentia..

-INTERNATIONAL EFFECTS OF EUROPEAN INTERNATIONAL EFFECTS OF EUROPEAN JUDGMENTSJUDGMENTS

CONVENTION ON THE TRANSFER OF CONVENTION ON THE TRANSFER OF SENTENCED PERSONS OF 1983 SENTENCED PERSONS OF 1983

-Differences vis-à-vis ECIVCJ-Differences vis-à-vis ECIVCJ

-Broad acceptance-Broad acceptance

-Conditions for transfer-Conditions for transfer

-Procedure-Procedure

-Alternative: Conversion or -Alternative: Conversion or ProsecutionProsecution-Additional Protocol of 1997 Additional Protocol of 1997 -Schengen Articles 67 to 69Schengen Articles 67 to 69

SUPERVISION OF CONDITIONALLY SUPERVISION OF CONDITIONALLY SENTENCED OR CONDITIONALLY SENTENCED OR CONDITIONALLY RELEASED OFFENDERS OF 1964RELEASED OFFENDERS OF 1964

-Better readaptation of offenders-Better readaptation of offenders

-Scope and requirements-Scope and requirements

-Three types of assistance-Three types of assistance

-Reasons for refusal-Reasons for refusal

-Channels for transmission-Channels for transmission

ADDITIONAL PROTOCOL TO THE ADDITIONAL PROTOCOL TO THE CONVENTION ON THE TRANSFER OF CONVENTION ON THE TRANSFER OF

SENTENCED PERSONS OF 1997 SENTENCED PERSONS OF 1997

-Special features of civil jurisdiction: Special features of civil jurisdiction: 1968 CONVENTION1968 CONVENTION-Foreign law is not applied in criminal Foreign law is not applied in criminal jurisdiction, but it is necessary to be jurisdiction, but it is necessary to be aware of it: 1997 PROTOCOLaware of it: 1997 PROTOCOL-ProcedureProcedure